Cannon v. Comm of SSA
MEMORANDUM ORDER adopting 11 Report and Recommendations. ORDERED that the above-entitled Social Security action is AFFIRMED. Signed by Judge Michael H. Schneider on 3/30/12. (mrm, )
IN THE UNITED STATES DISTRICT COURT
OF THE EASTERN DISTRICT OF TEXAS
WILLIAM CARL CANNON, JR.
COMMISSIONER OF SOCIAL
CIVIL ACTION NO. 5:09cv94
The above-entitled and numbered civil action was heretofore referred to United States
Magistrate Judge Caroline M. Craven pursuant to 28 U.S.C. § 636. The Report of the Magistrate
Judge which contains her proposed findings of fact and recommendations for the disposition of such
action has been presented for consideration.
Plaintiff filed objections to the Report and
Recommendation. The Court conducted a de novo review of the Magistrate Judge’s findings and
Plaintiff objects to the Magistrate Judge’s recommendation that Plaintiff’s above-entitled and
numbered social security cause of action be affirmed. Specifically, Plaintiff asserts he has suffered
from chronic obstructive pulmonary disorder (“COPD”), shortness of breath, and lung disease since
1983, and the Administrative Law Judge (“ALJ”) erred by failing to evaluate Plaintiff’s COPD
during the relevant time period in his evaluation of Plaintiff’s ability to perform basic work
activities. According to Plaintiff, his inability to breathe normally significantly limits his ability to
perform basic work activities. Plaintiff further asserts the ALJ erred in failing to utilize the services
of a medical advisor.
After reviewing the transcript, the briefs of the parties, and the Report and Recommendation,
the Court finds Plaintiff’s objections are without merit. The Court agrees with the Magistrate Judge
that given the lack of medical evidence during the relevant time period of Plaintiff’s alleged
impairments, the ALJ properly declined to find that any of Plaintiff’s alleged disabling conditions
were medically determinable severe impairments. Because the ALJ properly found Plaintiff not
disabled at step two of the sequential evaluation process, the ALJ was not required to call a
vocational expert. Nor did the ALJ err in not using a medical advisor. Finally, although Plaintiff
contends the ALJ erred because he did include his COPD in the evaluation of his ability to perform
basic work activities, the Magistrate Judge correctly held the ALJ properly developed the record
. regarding all of Plaintiff’s impairments, including his non-exertional limitations.
The Court is of the opinion that the findings and conclusions of the Magistrate Judge are
correct. Therefore, the Court hereby adopts the Report of the United States Magistrate Judge as the
findings and conclusions of this Court. Accordingly, it is hereby
ORDERED that the above-entitled Social Security action is AFFIRMED.
It is SO ORDERED.
SIGNED this 30th day of March, 2012.
MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE
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